Senate probers looking into the recurring Metro Rail Transit 3 (MRT 3) breakdowns are set to serve a subpoena to compel a “no-show” maintenance contractor to appear at the next hearing of the Committee on Public Services inquiry into the MRT 3 mess, that inconvenience thousands of daily commuters with frequent system breakdowns.
Asserting the urgency to address the problem, Sen. Grace Poe, who chairs the ongoing inquiry, confirmed on Tuesday the committee has prepared the subpoena for Marlo de la Cruz of Busan Universal Rail Inc. a known ally of Liberal Party stalwarts who headed the then-Department of Transportation and Communications.
Poe told reporters the committee is also inviting former Transportation Secretaries Manuel A. Roxas II and Joseph Emilio A. Abaya to help shed light on the issues even as the Senate is already “preparing to render a partial report” of its findings from the previous hearings on the MRT 3 breakdowns.
The senator assured she is not inclined to make prejudgments, as her priority is to ensure commuters are safe. “Ayoko muna maghusga; ang gusto ko ay masiguro ang safety ng MRT train riders.”
Poe added: “There are still a lot of questions that remain unanswered, like who is this Marlo de la Cruz whose name keeps popping up? The Office of the Senate Sergeant-at-Arms (OSAA) failed to serve last Friday, May 19, 2017, the subpoena ad testificandum issued by this Committee, and approved by the Senate President, on Mr. Marlo de la Cruz for the reason that Mr. de la Cruz does not reside in the address indicated.”
The address of de la Cruz, she said, was “sourced from the General Information Sheet [GIS] that his company, PH Trams, submitted to the Securities and Exchange Commission [SEC].”
The senator reported that, based on the OSAA return on the service of the subpoena, the house with that address was previously registered under the name of Wilfredo de la Cruz who, she said, was believed to be “Marlo’s brother”.
“My initial sense on this is on Marlo de la Cruz’s apparent propensity to trifle with official government rules, be it on the submission of accurate information on the GIS as required by law or on compliance and respect with the provisions of the Antigraft and Corrupt Practices Act,” she said.
The senator revealed receiving a letter from Leynes-Lozada Law Office, who acts as counsel of de la Cruz in his Sandiganbyan case involving alleged culpability surrounding the MRT 3 maintenance contract anomalies. Poe said a member of the law firm “advised the committee on the propriety of compelling the attendance of his client in this legislative inquiry invoking the sub judice rule as there is already a pending case against his client; and his client’s right against self-incrimination.”
In a news statement, Poe reminded dela Cruz and his lawyers that “the sub judice rule is not applicable in legislative inquiries as the purpose of this inquiry is in aid of legislation.”
She added: “Secondly, Rule 19 of the Senate Rules explicitly provide that “No person can refuse to testify or be placed under oath of affirmation or answer questions before an incriminatory question is asked. His invocation of such right does not by itself excuse him from his duty to give testimony” or at least show up in this hearing, magpakita man lang sa hearing na ito.”
She said dela Cruz can validly invoke such right “only when a question propounded to him tends to elicit an answer that will incriminate him. And even when invoked, the Committee still has to determine whether such right is properly invoked.”